Revieved a claim form with no POC! Help!

[Unknown101]

I posted this question back in October 2016 with no reply, so I'm hoping someone can help me now.
I still have heard nothing back from the court, mcol haven't updated anything online after "aos recieved"

What should I expect next? A default judgement? The case to be set aside? It's doing my head in worrying about it.


*ORIGINAL POST FROM OCTOBER*

I received a claim from via MCOL in August.
The claimant is someone I know through my business who I provided a service to over a year ago, I do NOT owe this person money.
Anyway, the claim form provided no Particulars apart from 'the claimant wishes to claim interest under section *** at a rate of *** per day'

After some free over the phone advice, I sent my aos and ticked the defense box along with a letter to the court manager asking if he/she thought necessary to request the claimant provide me with the missing poc's within 7 days or the claim could be considered by the court to be struck out. I also stated I wished to protect my right to defend should the claimant provide the missing information. I also menti9ned I had no idea what the claimant was claiming for as I have received no form of pressure action conduct. Just so you all know, I know this person does is using the MCOL to try scare or provoke me, I owe no money and they have no legitimate reason for claiming other than to cause mischief.

I haven't heard anything back from the court or the claimant regarding the Particulars and the time for my defence has expired by a week or so...I checked the progress online and it states they received my aos in good time therefor they would have received the letter I sent with it..

How long do you think I will have to wait before I hear anything?
I'm really hoping the claim does get struck out without any further hassle for me..I really have done nothing wrong.

The claimant couldn't even be bothered to address me by my full name on the form it just screams absolute ridiculousness!

[Kati]

Re: Revieved a claim form with no POC! Help!

tagging [MENTION=87380]Diana M[/MENTION] xx

[Diana M]

Re: Revieved a claim form with no POC! Help!

From reading your post it appears you never did file a Defence. You sent a letter to the court explaining that the POC were vague and you wanted the court to strike out the claim. You told the court you wanted to reserve the right to file a Defence at a later date (or words to that effect).

There's a possibility that the court considered that letter to be your Defence since you had no legal representative. Alternatively that letter may have been placed on the file with no action taken (by the court).

If your letter was viewed as your Defence you should have received a letter from the court telling you that this was now a defended claim and a copy of your Defence had been sent to the Claimant who has 28 days to inform the court if they intend to continue with the proceedings or the claim would be stayed.

So did you receive any letter from the court after you sent them that letter (it seems not from your post)?

The other alternative is because you didn't file a Defence the Claimant was able to obtain a Default Judgment (CCJ) against you and you would have been sent a copy of that by the court (NCCBC). Have you received that?

The third possibility is that even though you didn't file a Defence the Claimant hasn't done anything about the claim - they would have to request a Default Judgment since they're not automatically dished out.

If it's the latter scenario you may need to file a Defence now to thwart any attempt by the Claimant to get a judgment against you.

Okay, so that's the long answer to your question; the short answer is call the court and ask for a status update

Di

[Unknown101]

Re: Revieved a claim form with no POC! Help!

Thank you!
I actually called a free legal advice firm local to me before I acted on the claim and I just followed their instructions in terms of acknowledging and asking to protect my right to defend etc

I've received nothing from the court at all, so im guessing it could be the last suggestion. the mcol site has not updated either, if the claimant had requested a default judgement would that be clear on the mcol site?
Would I receive any form of notification of this?

Lastly, if I were to file a defence now as you said, what would I defend ? As there are no particulars how would I work my defense?


Thanks again for your help I appreciate it!